SANJAY M. Vs. THE TAHSILDAR (RR), THALASSERY

JUDGEMENT

(1.) Challenge in the writ petition is against the revenue recovery proceedings initiated by the respondent against the petitioner and his sister for the liability of their deceased mother towards the toddy workers welfare fund dues for the period 1998-1999. According to the petitioner his deceased mother along with another were the successful bidders of 52 toddy shops in Thalassery Excise Range during 1998-1999. It is stated that although they were the licensees, they had assigned the right to various persons including the party respondents herein and the husband of the 3rd respondent. It is stated that after enquiry the 2nd respondent fixed the liability for welfare fund dues on the persons who actually conducted the shop and Exts. P4 and P5 are two such orders. However, payments were defaulted and the petitioner's mother also expired soon thereafter.

(2.) Subsequently, revenue recovery proceedings were initiated against the petitioner and other legal heirs of his mother as per Ext.P7 for the realization of RS. 19,79,289/- . It is at this stage the writ petition has been filed contending that the shops in question were run by the party respondents and therefore the liability should be recovered from them.

(3.) Going by the definition of 'employer' as contained in Section 2(c) of the Kerala Toddy Workers Welfare Fund Act, licensee and also actual employer are employers of the toddy workers employed in a toddy shop and it is the responsibility of such employer to discharge the liability that is due. In so far as the case of the petitioner that his mother had assigned the right to conduct the shops to certain other persons. This very issue has been considered by the Division Bench of this Court in Welfare Fund Inspector V. Jaya, 2006 3 KerLJ 988, where it has been held thus;